Bill Allowing Government Employees to Seek Public Office Without Taking Leave Defeated in Senate

Another attempt by Senator Marise James to pass legislation permitting government employees to seek political office while employed by the Government of the Virgin Islands (GVI) has stalled. The motion to move the bill forward during Thursday’s meeting of the Committee on Rules and Judiciary failed as her colleagues did not second it.

Proponents argue that the defeat of this legislation maintains a significant barrier for government employees wishing to enter politics. Currently, they must take unpaid leave to run for office, leading to financial and professional instability. This requirement discourages many potential candidates, thereby limiting competition and benefiting incumbent lawmakers who face less competition.

Bill 35-0032, introduced last September, would allow employees to seek office while employed unless prohibited by federal or other laws. The bill faced substantial opposition from lawmakers, including Senators Kenneth Gittens and Carla Joseph, over concerns about conflicts of interest, misuse of taxpayer dollars, and potential policy violations.

Amendments were recommended, including changes by Elections Supervisor Caroline Fawkes and Chief Justice Rhys Hodge. The chief justice advised excluding judicial branch employees from the bill, citing strict guidelines on their political activity. Although Senator James complied with this request and considered other amendments, the latest version of the bill was not shared with invited testifiers nor posted on the Legislature’s website as of press time.

Senator James argued that requiring government employees to vacate their posts to run for office is unfair and disrupts government operations, especially during election cycles. She suggested that her proposal would increase the pool of candidates and reduce the financial burden of campaigning.

While invited testifiers generally supported the amended measure, they suggested further refinements. Ms. Fawkes recommended changing the start of mandatory leave for government employees contesting political office to the absentee ballot casting date rather than the first day of early voting, as the latter is flexible and varies each election cycle.

Despite some support, the bill faced overwhelming opposition from lawmakers. Senator Angel Bolques Jr. expressed concerns about potential issues and ambiguities, while Senator Franklin Johnson worried about conflicts of interest between official duties and political ambitions. Senator Kenneth Gittens reiterated his skepticism, fearing that the bill might encourage misuse of government resources.

The motion to advance the proposal out of committee did not receive a second, leaving Senator James “speechless.” Despite this setback, she emphasized the need to avoid the financial hardship associated with campaigning and expressed hope that future efforts might succeed in changing the law.

Bill 35-0032 remains in the Committee on Rules and Judiciary at the chair’s call.